SB 1907
April 2006 update: SB 1907, "An Act Providing for the Denial of Driver's Licenses to Truants" and SB 2125, "An Act Relative to Eligibility for a License to Operate a Motor Vehicle" have been combined and are now included in SB 2417. This new bill authorizes the Joint committee on Transportation to make an investigation and study of certain current Senate documents relative to transportation. The Transportation committee reported favorably on this bill and the bill is now with the Senate Ethics and Rule committee.

"An Act Providing for the Denial of Driver's Licenses to Truants"
AHEM has been tracking SB 1907, “An Act Providing for the Denial of Driver’s Licenses to Truants,” filed by Senator Hart (Democrat - First Suffolk), Senator Brown (Republican - Norfolk, Bristol and Middlesex), Rep. Canavan (Democrat - Tenth Plymouth), and Rep. Fallon (Democrat - Thirty-third Middlesex). If passed, this bill would require that all applicants for driver’s licenses between the ages of 16 – 18 provide a letter from school officials certifying that the applicant is enrolled in school and is meeting all academic and attendance requirements, or has received a high school diploma or certificate, or GED, . . . or “is enrolled in a home education program that satisfies the requirements of all state laws governing such courses.”

SB 1907 has now been referred to the Joint Committee on Transportation, and a public hearing took place on Thursday, October 20, 2005 at 10:30 am in Room A-1. At this time the Joint Committee on Transportation also heard similar bills, including SB 1912, which, if passed, will raise the minimum age for obtaining a driver’s license to 18.

One problem is that SB 1907 mentions “home education,” a phrase not found elsewhere in Massachusetts law. Should the bill go any further, to avoid confusion, “is enrolled in a home education program” should be changed to the term found in the compulsory attendance statute, “is otherwise instructed…”

Another is that there is no applicable state law governing the home education of a young adult who reaches the age of sixteen: Massachusetts General Laws, Chapter 76, sec. 1, the compulsory attendance statute, no longer applies. Chapter 76, Sec. 1 provides that all children between the ages of six and sixteen attend school. Following the guidelines set down in the Charles decision (1987), schools may require parents of otherwise instructed students between the ages of six and sixteen to submit educational plans for their children. Once an otherwise instructed student reaches the age of sixteen, parents are not required to seek the approval of school authorities.

If passed, this bill would put homeschoolers between the ages of 16 – 18 who want to get a driver’s license in an unusual position; these teen homeschoolers would need to pass the GED, or provide certification from their school committee that they are “enrolled in a home education program that satisfies the requirements of all state laws…” before being granted a driver’s license or a learner’s permit, an oxymoron because state law does not require them to be enrolled in a home education program.

Senate Bill 1907 is most likely an ineffective measure to discourage truancy, (and furthermore students in this age group are not legally truant). Research has shown that withholding a driver’s license has not kept students in school or motivated them to work harder. This bill will burden schools with cumbersome administrative tasks and record keeping at a time of budgetary restraints as well as cause an undue hardship to a category of young adults that are home educated but do not by any means meet the standard of “truant” or “drop out.”

AHEM has contacted sponsors of the bill to make these concerns known.

AHEM encourages anyone who would like their opinion of SB 1907 to be considered to either attend the public hearing or contact the members of the Joint Committee on Transportation in writing, including email, and ask that your comments and concerns be added to the official record of the public hearing. In your letter, express whether you support or oppose the bill, explain why, and say that you request that your letter be included in the official testimony. Address your letter to:

Joint Committee on Transportation
Room 443
State House
Boston, MA 02133

The chairpersons of this committee are Senator Steven Baddour (Democrat- First Essex) and Representative Joseph F. Wagner (Democrat -Eighth Hampden).

• Contact information for the members of the Joint Committee on Transportation can be found at http://www.mass.gov/legis/comm/j27.htm.

Partial Text of SB 1970
AN ACT PROVIDING FOR THE DENIAL OF DRIVER LICENSES TO TRUANTS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 8L the following section:-

Section 8M. The application for a license to operate a motor vehicle or for a junior operator’s license or a learner’s permit shall be signed by a parent or guardian, or by another responsible adult, if there is no parent or guardian and such signature shall be notarized. The registrar may issue said license or permit if the applicant provides certification from his school committee that said applicant:

(1) has received a high school diploma, a high school general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion;

(2) is enrolled in a public or private school and satisfies relevant attendance and academic requirements;

(3) is enrolled in a study course in preparation for the test of general educational development and satisfies relevant attendance requirements;

(4) is enrolled in a home education program that satisfies the requirements of all state laws governing such courses;…

Full text of SB 1907 can be found here: http://www.mass.gov/legis/bills/senate/st01/st01907.htm.

Back to Archives: Legislative Issues

The information on this website does not constitute legal advice; it is provided for informational purposes only.